# Recording employees at work for AI training: consent and notice rules by state > What US statutes say about recording employees on video and audio at work, which states need everyone's consent or written notice, and what to agree first. Canonical: https://origindatapartners.com/physical-ai/recording-employees-at-work By: Origin Data Partners Status: Published Published: 2026-11-14 Updated: 2026-11-14 Sources checked: 2026-11-14 ## Quick answer Silent video of normal work in work areas is generally lawful in the US, but sound is different: federal law needs one party's consent, while states including California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Oregon (in person), Pennsylvania and Washington have statutes that need every party's consent or knowledge. That list is not complete. Connecticut requires notice before electronic monitoring, including cameras, and California and New York ban video in restrooms and changing rooms. Check your own state and get legal advice; this page is not legal advice. ## Key points - Recording sound brings in wiretap laws; several states need every person in the conversation to agree. - Connecticut requires written notice before electronic monitoring, including cameras; New York and Delaware require notice before monitoring phone, email or internet use. - Make recording opt-in, keep cameras out of private rooms and customers out of frame, and get each worker's written consent. ## Can a business record its employees at work? Usually yes, for video of the work itself, with notice and in work areas. The legal risk sits in three places: sound, private rooms and notice. Programmes that pay businesses for first-person footage of work, which is what this section of the site covers, add a fourth: each worker should agree in writing, because the footage leaves the business and is licensed to AI and robotics companies. This page explains what the statutes say, read on 14 November 2026. It is not legal advice, and it does not cover every state or every situation, such as unionised workplaces, healthcare settings or minors. If you are unsure, ask an employment lawyer in your state before anyone records. ## Which states require everyone's consent to record a conversation? Federal law lets a person record a conversation when one party agrees. In [18 U.S.C. 2511(2)(d)](https://www.law.cornell.edu/uscode/text/18/2511), recording is not unlawful where the person recording is a party or one of the parties has given prior consent, unless the recording is made to commit a crime or tort. The states below go further. Their statutes, read on 14 November 2026, need the consent or knowledge of everyone in the conversation, at least for private conversations or hidden devices. In practice, a head-mounted phone that records sound will pick up co-workers and customers who have not agreed. The simplest way to stay out of these statutes is to record video without sound, if the programme accepts it, or to get every regular participant's written consent and keep customers out of earshot. This is not a complete list. Michigan's statute ([MCL 750.539c](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-539c)) also refers to the consent of all parties to a private conversation, Connecticut requires the consent of all parties, or a recorded notice or warning tone, before a private phone call is recorded ([General Statutes 52-570d](https://www.cga.ct.gov/current/pub/chap_925.htm)), and courts in some states read their statutes differently. The rules also differ for audio and for silent video: these statutes are about recording conversations. Check your own state's statute and get legal advice before anyone records sound. | State | What the statute requires | Statute | | --- | --- | --- | | California | Consent of all parties to a confidential communication | [Penal Code 632](https://california.public.law/codes/ca_penal_code_section_632) | | Florida | All parties have given prior consent | [Fla. Stat. 934.03](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0934/Sections/0934.03.html) | | Illinois | Consent of all other parties to a private conversation | [720 ILCS 5/14-2](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K14-2) | | Maryland | All parties have given prior consent | [Cts. & Jud. Proc. 10-402](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=10-402) | | Massachusetts | Prior authority from all parties; secret recording is the offence | [G.L. c. 272, s. 99](https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section99) | | Montana | Knowledge of all parties when a hidden device is used | [MCA 45-8-213](https://leg.mt.gov/bills/mca/title_0450/chapter_0080/part_0020/section_0130/0450-0080-0020-0130.html) | | New Hampshire | Consent of all parties to the communication | [RSA 570-A:2](https://www.gencourt.state.nh.us/rsa/html/LVIII/570-A/570-A-2.htm) | | Oregon | All participants in an in-person conversation specifically informed | [ORS 165.540(1)(c)](https://www.oregonlegislature.gov/bills_laws/ors/ors165.html) | | Pennsylvania | All parties have given prior consent | [18 Pa.C.S. 5704(4)](https://law.justia.com/codes/pennsylvania/title-18/chapter-57/section-5704/) | | Washington | Consent of all persons in a private conversation | [RCW 9.73.030](https://app.leg.wa.gov/RCW/default.aspx?cite=9.73.030) | Source: [State statutes, read 14 Nov 2026](https://california.public.law/codes/ca_penal_code_section_632) ## Which states require written notice before you monitor employees? [Connecticut](https://www.cga.ct.gov/current/pub/chap_557.htm) (General Statutes 31-48d) requires an employer that does any electronic monitoring to give prior written notice to all employees who may be affected, and to post a notice in a place employees can see. Its definition of electronic monitoring names cameras, and it excludes security recording in public areas. [New York](https://newyork.public.law/laws/n.y._civil_rights_law_section_52-c*2) (Civil Rights Law 52-c) requires written notice on hiring, acknowledged by the employee, and a posted notice, for employers that monitor phone, email or internet use by electronic systems, including photo-optical systems. [Delaware](https://delcode.delaware.gov/title19/c007/sc01/index.html) (Title 19, section 705) requires notice before monitoring an employee's phone, email or internet use. Even where no statute requires it, written notice is the cheapest protection a business has. Put it in a one-page recording policy: what is recorded, when, by whom, where the footage goes, and how a worker can stop. ## Where should you never record? [California Labor Code 435](https://california.public.law/codes/labor_code_section_435) says no employer may cause an audio or video recording of an employee in a restroom, locker room or room designated for changing clothes, unless a court orders it, and that such a recording may not be used for any purpose. [New York Labor Law 203-c](https://www.nysenate.gov/legislation/laws/LAB/203-C) says the same for video recordings. Treat that as the rule everywhere. Agree before anyone records which rooms, areas and jobs are off limits, and make the worker stop recording on breaks, during phone calls and in any private space. ## Does recording hands and faces bring in biometric privacy laws? It can. Illinois' [Biometric Information Privacy Act](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=074000140K15) says a private entity may not collect a person's biometric identifier unless it first informs the person in writing of the purpose and how long it will be kept, and receives a written release. Whether first-person work video counts depends on what is extracted from it, such as face or hand geometry. If your business is in Illinois, or another state with a biometric law, ask the programme in writing whether it extracts face or hand geometry from the footage, and who signs the release. ## What do recording programmes ask the business to do about consent? Programmes that pay businesses for footage put consent on the table early. [Mercor](https://www.mercor.com/robotics/) says each participant signs a consent form with it before recording starts and can stop at any time, and asks the business to get consent from anyone it plans to film around. [GIG Rewards](https://gigrewards.com/partners/data-collection) says collection only happens in approved environments and that customer faces, private homes, personal documents and sensitive information must not be recorded unless the project allows it. Amelia Robotics says tasks, permitted areas and participants are agreed before anyone records, that workers start each recording deliberately, and that jobs or areas can be left out. Origin may earn a reward from Amelia Robotics if a business it introduced joins and gets paid. See [what to check about Amelia Robotics](https://origindatapartners.com/physical-ai/is-amelia-robotics-legit). - Recording is opt-in for each worker, in writing, and a worker can stop at any time. - A short written policy names the tasks, areas and hours that may be recorded, and the ones that may not. - No sound unless every regular participant has agreed in writing, and customers are kept out of frame and earshot. - Cameras are never on in restrooms, changing rooms or break rooms. - The programme agreement says who owns the footage, who it is licensed to, and how a worker can ask for a clip to be deleted. - Workers who record share in the pay; agree the split before the first session. ## What about the UK, the EU and other countries? Outside the US, data protection law, not wiretap law, usually sets the rules. In the UK, the ICO's [guidance on monitoring workers](https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/employment/monitoring-workers/) is aimed at employers and explains how monitoring interacts with the UK GDPR and the Data Protection Act 2018; the ICO says, as of 14 November 2026, that the guidance is under review after the Data (Use and Access) Act. EU countries apply the GDPR and their own employment rules. Search demand for workplace camera rules is real in Europe: in 14 November 2026 keyword data, "videoüberwachung am arbeitsplatz" had about 390 monthly searches in Germany, "telecamere sul posto di lavoro" 320 in Italy and "monitoring w pracy" 260 in Poland. If your business is outside the US, read your national regulator's guidance and ask the programme which countries it accepts. Amelia's countries are listed in [our Amelia Robotics check](https://origindatapartners.com/physical-ai/is-amelia-robotics-legit), and other programmes' stated countries in [the business programmes comparison](https://origindatapartners.com/physical-ai/business-video-programs-compared). Origin may earn a reward from Amelia Robotics if a business it introduced joins and gets paid. ## Next step Once the consent side is settled, [check whether your business qualifies](https://origindatapartners.com/physical-ai#qualify) and see what your crew's recorded hours could bring in. Origin Data Partners is independent and does not represent Amelia Robotics. Origin may earn a reward from Amelia Robotics if a business it introduced joins and gets paid; Amelia pays that reward itself. Origin charges your business nothing. [How Origin is paid](https://origindatapartners.com/referral-disclosure). ## Questions and answers ### Is it legal to video record employees at work? In the US, video of normal work in work areas is generally lawful with notice. Sound is what brings in wiretap laws, and some states need everyone's consent. Connecticut requires written notice before electronic monitoring, including cameras; New York and Delaware require notice before monitoring employees' phone, email or internet use; and California and New York ban video recording in restrooms, locker rooms and changing rooms. Check your own state and get legal advice. ### Do employees have to agree before a business records them for AI training? For footage that is licensed to AI companies, get each worker's written, opt-in consent whatever your state requires. Programmes such as Mercor ask each participant to sign a consent form before recording starts. ### Is California an all-party consent state for recording at work? Yes for confidential conversations. California Penal Code 632 needs the consent of all parties before a confidential communication is recorded, and Labor Code 435 bans employer recordings in restrooms, locker rooms and changing rooms. ### Can I record my crew for an AI data programme without sound? Recording without sound keeps you out of most wiretap statutes, which are about conversations. You still need notice, the workers' agreement and a rule that private rooms are never recorded. Ask the programme whether it accepts silent footage. ### Which states require employers to give notice of electronic monitoring? Connecticut (General Statutes 31-48d), New York (Civil Rights Law 52-c) and Delaware (Title 19, section 705) have notice statutes, read on 14 November 2026. Connecticut's covers cameras; New York's and Delaware's cover monitoring of phone, email and internet use, not video. ### Does a head-mounted camera at work collect biometric data? It can, if the programme extracts face or hand geometry from the video. Illinois' Biometric Information Privacy Act requires written notice and a written release before biometric identifiers are collected, so ask the programme in writing. ## Sources - [18 U.S.C. 2511 (Cornell LII)](https://www.law.cornell.edu/uscode/text/18/2511) - [California Penal Code 632](https://california.public.law/codes/ca_penal_code_section_632) - [California Labor Code 435](https://california.public.law/codes/labor_code_section_435) - [Florida Statutes 934.03](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0934/Sections/0934.03.html) - [Illinois 720 ILCS 5/14-2](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K14-2) - [Illinois Biometric Information Privacy Act, 740 ILCS 14/15](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=074000140K15) - [Maryland Courts and Judicial Proceedings 10-402](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=10-402) - [Massachusetts General Laws c. 272, s. 99](https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section99) - [Montana Code 45-8-213](https://leg.mt.gov/bills/mca/title_0450/chapter_0080/part_0020/section_0130/0450-0080-0020-0130.html) - [New Hampshire RSA 570-A:2](https://www.gencourt.state.nh.us/rsa/html/LVIII/570-A/570-A-2.htm) - [Oregon ORS 165.540](https://www.oregonlegislature.gov/bills_laws/ors/ors165.html) - [Washington RCW 9.73.030](https://app.leg.wa.gov/RCW/default.aspx?cite=9.73.030) - [Pennsylvania 18 Pa.C.S. 5704 (Justia)](https://law.justia.com/codes/pennsylvania/title-18/chapter-57/section-5704/) - [Michigan MCL 750.539c](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-539c) - [Connecticut General Statutes 52-570d](https://www.cga.ct.gov/current/pub/chap_925.htm) - [New York Labor Law 203-c](https://www.nysenate.gov/legislation/laws/LAB/203-C) - [Connecticut General Statutes 31-48d](https://www.cga.ct.gov/current/pub/chap_557.htm) - [New York Civil Rights Law 52-c (electronic monitoring)](https://newyork.public.law/laws/n.y._civil_rights_law_section_52-c*2) - [Delaware Code Title 19, section 705](https://delcode.delaware.gov/title19/c007/sc01/index.html) - [ICO: monitoring workers](https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/employment/monitoring-workers/) - [Mercor Robotics: business program](https://www.mercor.com/robotics/) - [GIG Rewards: AI data collection partners](https://gigrewards.com/partners/data-collection) ## Related reading - [Get paid to wear a camera at work: which programs pay, and can you record at your job?](https://origindatapartners.com/physical-ai/get-paid-to-wear-a-camera-at-work) - [Which programs pay businesses to record work? Six compared (2026)](https://origindatapartners.com/physical-ai/business-video-programs-compared) - [Is Amelia Robotics legit? What business owners should check](https://origindatapartners.com/physical-ai/is-amelia-robotics-legit) - [Companies that pay businesses and people to record work for AI and robot training (2026)](https://origindatapartners.com/physical-ai/companies-that-pay-to-record-work) - [/physical-ai](https://origindatapartners.com/physical-ai)